In Malaysia, there is no specific time limit for how long a Will can last. As long as the Will is properly executed according to the Wills Act 1959 and the testator has not revoked or replaced it with a new Will, the Will remains valid and can be used to distribute the testator’s assets...
In Malaysia, if there are two Wills that contradict each other, the Will that is later in time will usually prevail. This is based on Section 14 of the Wills Act 1959, which states that if a testator makes two or more Wills, the last Will is to be taken as the operative one, unless...
The sensational murder of a Hong Kong socialite Abby Choi Tin-Fung (“Abby”) has made headlines across the world for the gruesome nature of the case. The motive for the murder was related to a financial dispute over a house Abby has bought to accommodate her former husband and his family members. We will be discussing...
It’s important to keep your Will in a safe and accessible place so that it can be easily found and executed when the time comes. Here are a few options for where to keep your Will: With your lawyer / estate planner: If you worked with a lawyer or estate planner to create your Will,...
A Will is a legal document that outlines your final wishes regarding the distribution of your assets and the care of your dependents after your passing. It is an essential document that should be created by everyone, regardless of age or wealth. However, writing a Will can be a daunting task, and even the slightest...
Under Section 4(2) of the Probate Administration Act 1959, [(2) If any beneficiary is an infant, or if a life interest arises under the will or intestacy, administration shall be granted either to a trust corporation (with or without an individual) or to not less than two individuals: Provided that— (a) the Court may in...
It is inevitable that leaders will eventually need to be replaced. Many business owners, particularly those who own private or family-run companies, hope for smooth transitions from one generation to the next. However, some individuals may struggle with the idea of their own mortality and believe they will never have to give up control. Studies...
Estate planning for special needs children in Malaysia is a process that involves making arrangements to protect the financial future of a child who has special needs. It includes planning for the distribution of assets, appointing a guardian, and setting up a trust to manage the child’s inheritance. In Malaysia, a child with special needs...
In Malaysia, both executor and administrator play an important role in the administration of a deceased person’s estate. While the roles of executor and administrator in Malaysia may seem similar, they have significant differences that individuals should be aware of. It is important to understand these differences to ensure that the estate is administrated correctly...
The Federal Court in a recent landmark ruling Tan Kah Fatt and another v Tan Ying [2023] 1 LNS 63, reversing the decisions of both the High Court and Court of Appeal, held unanimously on 18 January 2023 that an illegitimate issue of a deceased parent is entitled to inherit from the deceased parent’s estate under...
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